The Myth of the Presumption of Innocence

  The Myth of the Presumption of Innocence The Constitutional principle that everyone is entitled to the presumption of innocence until proven guilty beyond a reasonable doubt is often misunderstood and is often the subject of conversation with. I often get questioned as to how someone could be charged with a crime for which there appears to be little evidence or why they need to post bail to stay out of jail pending trial if they are presumed innocent. The constitution does not specifically say that an individual is entitled to the presumption of innocence; rather this concept is rooted […]

Holiday Season DUI’s

The time after Thanksgiving through Christmas and the New Year is the holiday party season. A lot of us will be partying with our family, friends, and co-workers. Most of those parties will include adult beverages, and we think we know our limits. “I can have a couple of drinks. I’m not slurring my words or stumbling, therefore, I’m good to go.” As this group of people learned in this Today News clip, it is easy to underestimate the amount you drank and overestimate your ability to drive. While attending holiday parties, simply not drinking and driving is the safest […]

Firefly at the Woodlands

Firefly Music Festival has been Delaware’s premier music festival since its inception in July 2012.  The 2021 dates are Thursday, September 23rd through Sunday, September 26th. People from all over the east coast and beyond will attend the festival at The Woodlands in Dover, Delaware located behind Dover International Speedway and Dover Downs Hotel & Casino. Some of this year’s headliners are Billie Elish, the Killers, tame Impala, and Lizzo For a complete list of artists and lineup, you can visit the official website by clicking here. During this year’s 3 day event, the Woodlands will become the undisputed center […]

Telephone Scam Warning

The youtube video of a phone spam call to a North Carolina Police offer has received a lot of attention. Click here to watch. That is a reminder to not fall for spam calls.  The Sussex County Sheriff’s office has also warned the public about telephone scams.  Locally there have been calls where the scammer claims the recipient of the call missed a court appearance and a warrant for their arrest has been issued. Please do not fall for this scam. The Sheriff’s office does not call or email people to collect funds, fees, or fines. The Sussex County Sheriff’s […]

Gathering Evidence at a Traffic Accident in Delaware

You may try your best to be a careful driver, but sometimes accidents occur. If you’re in a traffic accident in Delaware and are accused of reckless driving that has caused the accident, it is important that you take steps to protect yourself. There are several ways you can gather evidence at the accident scene that can later help you and your criminal defense attorney build the best defense against the charges that may face you.

COVID-19 Impact on a Delaware DUI

Has COVID-19 impacted the court system in Sussex County, Delaware? It is an unquestionable fact that the COVID-19 pandemic of 2020 has had an impact on the day to day lives of U.S. citizens. Dealing with DUI charges in a normal year is a lengthy, complicated, and often stressful process to go through. Our clients are usually scared, embarrassed, and want it to go away as quickly as possible. The daily COVID updates and new restrictions put in place, have caused our clients to wonder how will this affect my DUI case? Anyone with a conviction of Driving Under the […]

Can Trick or Treat lead to Criminal Charges?

Police records have indicated that on October 31, crime rates tend to spike, more so than any other holiday. No matter if you are after Tricks or Treats, no one wants to have their Halloween ruined by an arrest and criminal charges. Our Delaware criminal defense attorney shares some ways that you can avoid getting into trouble this Halloween. How Can You Prevent Getting Criminal Charges On Halloween? Don’t Drink and Drive. Holidays seem to attract drunk driving, and Halloween is no exception. If you decide to drink at a Halloween party, make sure you have a ride home or a […]

Supreme Court

So what is the final stopping place that is the ultimate authority on Delaware law? The Delaware Supreme Court. As the highest court in the state, the Supreme Court has final appellate jurisdiction in criminal matters and civil final judgments from the Superior Court and specific orders from the Family Court and the Court of Chancery. The Delaware Supreme Court has quite a reputation. We have mentioned that the Court of Chancery has a worldwide reputation because many corporations are incorporated here in Delaware. When a corporation is unhappy with a Chancery decision, it is appealed to the Delaware Supreme […]

Court of Common Pleas

So far we have talked about the Justice of the Peace Courts and Family Court. So now let’s talk about the Court of Common Pleas – sometimes called CCP. The Court of Common Pleas has both civil and criminal jurisdiction. In civil cases, cases with an amount in controversy up to 50,000 can be heard. CCP also handles change of name petitions, habitual motor vehicle hearings and appeals from DMV and JP proceedings. In civil matters like these, there are no jury trials. In criminal cases, CCP has jurisdiction over all misdemeanors except certain drug offenses, all criminal motor vehicle offenses, preliminary […]

JP Court and Family Court

We want to give everyone a baseline knowledge of the main courts in Delaware and the types of cases that each court hears because almost everyone has to deal with a court at some point in their lives. The main courts in Delaware are the JP courts, Family Court, Court of Common Pleas, Superior Court, Chancery Court, and the Supreme Court. Justice of Peace Court JP Court has jurisdiction in civil cases worth 15,000 or less, some criminal misdemeanors, most motor vehicle violations (except felonies) and all landlord/tenant matters. There are no jury trials in JP Court, and you can […]

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